1. (1) In this Act, “assets of the plan”, in respect of a home ownership savings plan, means all contributions made into the plan, any transfers made into the plan under section 7 and all income earned therefrom and on assets substituted therefor, whether or not the assets of the plan are in the form of qualified investments; (“éléments d’actif du régime”) “common-law partner”, with respect to an individual at any time, means a person who cohabits at that time in a conjugal relationship with the individual if, (a) the person has so cohabited with the individual for a continuous period of  at least one year, or (b) the person and the individual are both parents of the same child; (“conjoint de fait”) “common-law partnership” means the relationship between two persons who are common-law partners of each other; (“union de fait”) “contribution” means an amount of money paid by an individual to a depositary as a payment into a home ownership savings plan; (“versement”) “depositary” means a financial institution that carries on business in Ontario and is a member of either the Canada Deposit Insurance Corporation or the Ontario Share and Deposit Insurance Corporation; (“dépositaire”) “home ownership savings plan” means an arrangement entered into by an individual and a depositary under which payment is made by the individual to the depositary of an amount of money as a payment under the arrangement to be used, invested or otherwise applied by the depositary for the purpose of providing to the individual as the planholder under the arrangement an amount of money to be used by the individual for the purchase by him or her of a qualifying eligible home; (“régime d’épargne-logement”) “individual” means a person other than either a trust referred to in subdivision k of Division B of Part I of the Income Tax Act (Canada) or a corporation; (“particulier”) “Minister” means the Minister of Finance and “Ministry” has a corresponding meaning; (“ministre”) “Ontario home ownership savings plan” means a home ownership savings plan that complies with section 2; (“régime d’épargne-logement de l’Ontario”) “planholder”, in respect of a home ownership savings plan, means an individual eighteen or more years of age to whom, under the plan, a single payment is agreed to be paid, but does not include an individual to whom under a plan a single payment is agreed to be paid as a consequence of the death of another individual; (“titulaire”) “prescribed” means prescribed by the regulations; (“prescrit”) “qualified investment” means an investment that is a qualified investment for the purposes of section 4; (“placement admissible”) “qualifying contribution” means a contribution that is a qualifying contribution under section 3; (“versement admissible”) “qualifying eligible home” has the meaning given to that expression by subsection 5 (4); (“logement reconnu admissible”) “regulations” means the regulations made under this Act; (“règlements”) “solicitor” means a person who is licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor and who maintains all insurance coverage that may be required by the Law Society of Upper Canada from time to time in connection with and for the purposes of carrying on the private practice of law in Ontario; (“procureur”) “tax credit” means an Ontario home ownership savings plan tax credit allowed to an individual or the individual’s spouse or former spouse or common-law partner or former common-law partner under the Income Tax Act (Ontario) with respect to the amount of qualifying contributions made by the individual to an Ontario home ownership savings plan; (“crédit d’impôt”) “tax credit recovery” means the amount determined under subsection 9 (1); (“recouvrement de crédits d’impôt”) “taxation year” has the meaning given to that expression by the Income Tax Act (Ontario). (“année d’imposition”)  R.S.O. 1990, c. O.20, s. 1 (1); 1994, c. 17, s. 123 (1-3); 2000, c. 42, s. 86 (1, 2); 2002, c. 8, Sched. I, s. 20 (1); 2006, c. 21, Sched. C, s. 123. Eligible home (2) For the purposes of this Act, an eligible home is, (a) a detached house; (b) a semi-detached house; (c) a townhouse; (d) a share or shares of the capital stock of a co-operative corporation if the share or shares are acquired for the purpose of acquiring the right to inhabit a housing unit owned by the corporation; (e) a mobile home that complies with the prescribed standards and is suitable for year round permanent residential occupation; (f) a condominium unit; (g) a residential dwelling that is a duplex, triplex or a fourplex; (h) a partial ownership interest as a tenant in common of real property, if the ownership interest was acquired for the purpose of acquiring the right to inhabit a housing unit forming part of the real property; or (i) any other residential property as may be prescribed.  R.S.O. 1990, c. O.20, s. 1 (2). Ownership of eligible home (3) For the purposes of this Act, an individual shall not be considered to own an eligible home unless, (a) in the case of an eligible home referred to in clause (2) (a), (b), (c) or (g), the individual has an ownership interest in the eligible home and, (i) owns a freehold estate in the land subjacent to the eligible home other than as a mortgagee, or (ii) is a lessee of the land subjacent to the eligible home; (b) in the case of an eligible home that is a condominium unit, the individual is an owner of the unit and common elements within the meaning of the Condominium Act; (c) in the case of an eligible home in the form of a share or shares of the capital stock of a co-operative corporation, (i) the individual has acquired, jointly with another person or otherwise, the share or shares to enable the individual to acquire a right to occupy a housing unit owned by the co-operative corporation, (ii) the individual and the co-operative corporation have entered into an enforceable occupancy agreement in respect of the housing unit, and (iii) the individual is entitled to vacant possession of the housing unit under the terms of the occupancy agreement; (d) in the case of an eligible home that is a mobile home suitable for year-round permanent residential occupation, (i) the individual, either alone or jointly with another person, has completed the purchase of the mobile home, (ii) the mobile home is situated on a foundation, which meets the prescribed standards, on the land where it is to be inhabited, and (iii) the land is owned by the individual, jointly with another person or otherwise, or is occupied by the individual under a licence or lease that permits the individual to locate the mobile home on the land and to occupy it as a year-round residence; (e) in the case of an eligible home referred to in clause (2) (h), the individual has acquired a freehold estate in the real property, other than as a mortgagee, and is entitled to vacant possession of the housing unit referred to in clause (2) (h); and (f) in the case of an eligible home of a prescribed class or nature, or owned by a member of a prescribed class of persons, the prescribed terms and conditions are met.  R.S.O. 1990, c. O.20, s. 1 (3). Gift or inheritance (4) A person who acquires an ownership interest in an eligible home by gift from the owner of the interest or by reason of the death of the owner of the interest shall be deemed to own the eligible home for the purposes of this Act on the earliest date on or after the date of the gift or the death on which the person resides in the eligible home is entitled to possession of the eligible home or acquires the ownership interest in the eligible home.  R.S.O. 1990, c. O.20, s. 1 (4). Application of subs. (4) (5) Subsection (4) does not apply in respect of an ownership interest acquired under the terms of an agreement enforceable by or against the person legally or beneficially entitled to the interest immediately following the death of the owner of the interest.  R.S.O. 1990, c. O.20, s. 1 (5). Deemed owner of eligible home (6) For the purposes of this Act, the Minister may deem an individual to have owned an eligible home at a particular time if ownership was at that time vested in a person under the terms of an express or implied trust by which the person held the property for the benefit of the individual, either alone or with one or more other persons, and the Minister is of the opinion that the individual exercised effective control, either alone or with one or more other persons, over the eligible home.  R.S.O. 1990, c. O.20, s. 1 (6). Ownership (7) For the purposes of subsection (6), “ownership” means the ownership of the eligible home, the ownership of the land subjacent to the eligible home or a leasehold interest in the land subjacent to the eligible home.  R.S.O. 1990, c. O.20, s. 1 (7). Spouse or common-law partner (8) If at any time a person is a spouse or a common-law partner of an individual, the person shall be deemed to be a spouse or common-law partner, as the case may be, of the individual at a later time unless, because of a breakdown of their conjugal relationship, the person and the individual were not cohabiting at the later time for a period of at least 90 days that includes the later time.  2000, c. 42, s. 86 (3). Same (9) In this Act, words referring to the time at which a common-law partnership was entered into shall be interpreted as referring to the time at which the common-law partners who are the members of the partnership began cohabiting in a conjugal relationship or, in the case of persons described in clause (b) of the definition of “common-law partner” in subsection (1), the time at which they became parents of the same child.  2000, c. 42, s. 86 (3). (10) Repealed:  2000, c. 42, s. 86 (3). Same (11) In this Act, “spouse” and “former spouse” of an individual include another individual who is a party to a voidable or void marriage with the individual.  1994, c. 17, s. 123 (5); 2005, c. 5, s. 52.